Scarison, Inc. v. Paracha

In an action for partition, the defendants appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Nassau County (Parga, J.), entered July 14, 2003, as denied their cross motion for summary judgment dismissing the complaint and for the imposition of a sanction.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the cross motion which was for summary judgment dismissing the complaint and *606substituting therefor a provision granting that branch of the cross motion; as so modified, the order is…